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Judge Bright urges SCOTUS attention to acquitted conduct enhancement

By Douglas A. Berman

In US v. Papakee, No. 08-2032 (8th Cir. July 17, 2009) (available here), Judge Bright writes separately to a panel opinion affirming a long sentence in a sex offense case in otder to reiterate forcefully his view that acquitted conduct enahncements are unconstitutional.  Here is part of his effort: I concur, rather than dissent, because I am bound by prior decisions of this circuit that expressly permit a district court to use acquitted conduct at sentencing.... But I am aware of no post-Booker authority from the Supreme Court that authorizes the use of acquitted conduct.[FN3] Not long ago, I wrote extensively that the use of acquitted conduct violates the Sixth Amendment. See United States v. Canania, 532 F.3d 764, 776 (8th Cir. 2008) (Bright, J...continue to full post

Full post as published by Sentencing Law and Policy on July 17, 2009 (boomark / email).